Recommendation 2012-6, “Reform of 28 U.S.C. Section 1500,” urges Congress to repeal Section 1500, which divests the U.S. Court of Federal Claims of jurisdiction when a plaintiff has claims against the government based on substantially the same operative facts pending in another court, and replace it with a provision that would create a presumption that in such circumstances, later-filed actions would be stayed. The Administrative Conference Member from the Department of Justice filed a separate statement noting the Department's disagreement with the recommendation, which is printed following the recommendation.

Final Recommendation

The Administrative Conference of the United States has long had an interest in ensuring appropriate judicial review of Government actions and in considering related questions regarding jurisdiction and forum. For example, the Conference’s seminal Recommendation 69-1 recommended amendment of the Administrative Procedure Act—subsequently enacted by Congress—to waive sovereign immunity and thereby permit citizens “to challenge in...

Implementation

Shortly after the Conference adopted Recommendation 2012-6, the American Bar Association's House of Delegates adopted Resolution 300, urging Congress to repeal and replace Section 1500 in accord with the Conference's recommendation. The resolution was offered by the Section of Public Contract Law and co-sponsored by the Section of Administrative Law and Regulatory Practice.